People v. Walker
| Decision Date | 29 July 2008 |
| Docket Number | No. 2005-05248,2005-05248 |
| Citation | 53 A.D.3d 672,2008 NY Slip Op 6466,863 N.Y.S.2d 220 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WALKER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is affirmed.
The Supreme Court did not improvidently exercise its discretion in denying the defendant's request for a CPL article 730 examination on the eve of trial. A finding that the defendant was fit to proceed to trial was made four months before the commencement of the trial, and was stipulated to by the prosecutor and defense counsel two months before the commencement of trial. The court was entitled to rely on this finding of fitness, as well as its own observations of the defendant, in determining that further examination was unwarranted (see People v Jenkins, 45 AD3d 864 [2007]; People v Farhn, 300 AD2d 599 [2002]; People v Rogers, 163 AD2d 337 [1990]).
The defendant's contention that the court erred in considering his pretrial conduct in imposing sentence is without merit. A sentencing court is permitted to consider all relevant factors in arriving at a sentence, and may consider the extent of a defendant's cooperation or lack thereof with the authorities (see People v Stevenson, 199 AD2d 350 [1993]). Here, the defendant failed to cooperate with the authorities when he filed frivolous Uniform Commercial Code liens before trial, in an attempt to delay the proceedings. The court properly considered this conduct in imposing sentence.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
To continue reading
Request your trial
- People v. Huff
- People v. Newson
-
People v. Joseph
...the People's summation by repeatedly shaking her head, despite the court's warning not to do so (see generally People v. Walker, 53 A.D.3d 672, 673, 863 N.Y.S.2d 220 [2008] ; People v. Kane, 6 A.D.3d 986, 987, 775 N.Y.S.2d 603 [2004] ). To the extent defendant argues that the sentence impos......
-
Walker v. Cook
...Division, Second Department. (Tarr Decl. Ex. D at ¶ 5.) On July 29, 2008, the Second Department denied Walker's appeal. People v. Walker, 53 A.D.3d 672 (2d Dep't. 2008). On August 22, 2008, Walker filed for leave to appeal the Second Department's ruling to the New York Court of Appeals. (Ta......